Democracy Day: Nigeria’s judiciary in 4 years

The Nigerian judiciary in the last four years of the current administration has been a mixed grill of improved funding, landmark reforms in justice administration and attacks on judges. The latter and disobedience to some orders of courts have been described as threats to judicial independence. Excerpts: Funding for the judiciary Funding of the judiciary […]

The Nigerian judiciary in the last four years of the current administration has been a mixed grill of improved funding, landmark reforms in justice administration and attacks on judges. The latter and disobedience to some orders of courts have been described as threats to judicial independence. Excerpts:

Funding for the judiciary

Funding of the judiciary has witnessed drastic increase since the commencement of the Buhari administration through budget allocation. For instance, from N70bn statutory transfer to the National Judicial Council (NJC) for the funding of the courts and federal judicial institutions in 2016, the transfers have increased to N100bn since 2017.

But not much success has been recorded in the agitation by the Judicial Staff Union of Nigeria (JUSUN) to have funds standing to the credit of the state judiciaries be transferred on first line charge as provided in Sections 83(1), 212(3) and 162(9) of the 1999 Constitution.

Reforms in the administration of justice

The quest for the speedy administration of justice has been part of the policies of the current administration; having inherited the Administration of Criminal Justice Act (ACJA), which was signed into law in 2015. The law has now been adopted by 21 states through their Houses of Assembly. The remaining states are working to also adopt the law.

But despite the effort of the Federal Government to spread the law across the 36 states, stakeholders are worried that lawyers and litigants still find means to cause delay in trials. This led to new the Practice Directions by many forward-looking states, especially, Lagos and the FCT, to ensure that all matters in court are decided timely.

In 2017, the government developed the National Policy on Justice, a document to address the isolation and conflicting operations of justice administration institutions in the country.

The government, through the office of the Attorney General of the Federation and Minister of Justice, organised national sensitisation workshops across the six geopolitical zones for justice sector institutions such as the courts, Nigerian Bar Association (NBA), the police, prisons and others.

To address the heart of the delays in criminal justice, what appeared a more radical approach was introduced through a collaborative effort between the judiciary and executive under the former CJN, Justice Walter Onnoghen, in October, 2017. The Corruption and Financial Crime Cases Trials Monitoring Committee (COTRIMCO) headed by a former Supreme Court justice, Justice Suleman Galadima, was set up.

To meet up its mandate; which is to accelerate corruption trials in courts, COTRIMCO set up special courts designated for corruption and financial crimes in the country, which in six months in 2018, delivered 324 judgements, struck out 12 cases and reserved 62 for judgement.

To institutionalise speedy dispensation of corruption cases, the committee recommended to the Federal Government the need for a legal framework for special courts and improved technology in the judiciary, among others.

Prisons decongestion

Another area the judiciary has partnered the executive is in the area of prisons decongestion. In August, 2018, the Federal Executive Council (FEC) presided over by Vice President Yemi Osinbajo deliberated on means of decongesting prisons, which then had about 73,631 inmates nationwide. Indeed, 70 per cent of prison inmates were awaiting trial.

Thus, in October, 2017, the Federal Government inaugurated the stakeholders committee on prisons decongestion headed by the Chief Judge of the FCT High Court, Justice Ishaq Bello. The work of the panel was to fast-track decongestion of prisons through the shifting of emphasis from retaining the services of external solicitors for awaiting trial inmates only to the Reformation, Rehabilitation and Reintegration (RRR) of the inmates.

Also, the Federal Government recently approved a contract of N2.8bn for the installation of a digital web-based integrated system to fast-track prisons decongestion across the country as announced by the AGF, Malami. The idea was to digitally connect all the prison formations to the office of the attorney general, the police, prisons service and selected courts.

Allegations of corruption and attacks on judges

One sore point for the judiciary in the last four years was the direct intervention of the executive on allegations of corruption. On October 8, 2016, members of the Department of State Services (DSS) raided and arrested judges of high courts, including two Supreme Court justices, Inyang Okoro and Sylvester Ngwuta.

Others were Justices Adeniyi Ademola and Nnamdi Dimgba of the Federal High Court, Abuja; Mohammed Liman, Federal High Court, Port Harcourt; Justice Muazu Pindiga, Gombe State High Court; Justice Kabiru Auta, Kano High Court; Justice Samia, Sokoto High Court; and A.I Umezulike, Chief Judge, Enugu High Court.

The DSS also indicted Justice Uwani Abba Aji of the Court of Appeal; Justice Hydiazira Nganjiwa of the Federal High Court, Bayelsa; Justice Musa Kurya of the Federal High Court; and Justice Agbadu James Fishim of National Industrial Court of Nigeria. Justice Ofili Ajumogobia was arraigned before a Lagos Federal High Court on a separate allegation of bribery not related to the DSS raid.

The incidents drew so much criticism, especially after only Justices Ngwuta, Ademola and Umezulike were charged and eventually acquitted by courts. But the DSS claimed that it recovered the sum of N93,558,000.00; $530,087; £25,970; and €5,680 (about N270m) from three of the judges whose houses were raided, which were claimed to be part of the judges’ estacode and other allowances.

Of the judges listed above, only the trial of Justice Ajumogobia, who was in 2018 sacked by the NJC on 30-count allegation of receiving the sum of $793,800 through her domiciliary accounts between 2012 and 2015, which she allegedly used to buy a house in London, is ongoing.

The recent conviction of the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, by the Code of Conduct Tribunal (CCT) on charges of non-declaration of assets may be viewed as one of the effort at fighting corruption in the judiciary.

Disobedience to court orders

The executive’s failure to obey court orders has been criticised as an attack on the independence of the judiciary and a threat to the country’s democracy. In December, 2015, a Federal High Court in Abuja granted bail to former NSA, Sambo Dasuki from DSS custody on allegations of unlawful possession of firearms and diversion of $2.5bn arms funds. Two other FCT High Courts also granted Dasuki bail on related charges. Also on October 4, 2016, the ECOWAS Community Court of Justice ordered Dasuki’s release and awarded the sum of N15m compensation against the Federal Government. These orders have not been obeyed by the Federal Government.

On December 2, 2016, a Federal High Court in Abuja ordered the unconditional release of the leader of the Islamic Movement in Nigeria (IMN), Ibraheem Zakzakky, and his wife, Malama Zeenat, within 45 days. Justice Gabriel Kolawole also awarded N50m as damages and a new accommodation for Zakzaky’s family in Kaduna State or any part of North, but the order was spurned by the government.